The court of appeals affirmed the trial court's denial of class certification in this suit by landowners alleging a taking of land adjacent to the Canadian River. Prior to the certification hearing, the state, its oil and gas lessee, and various non-party mineral interest owners settled their disputes by entering into a mineral boundary agreement. The risk of conflict presented by the MBA, the purported conflict between class members on opposite sides of the river, and a potential conflict between family members, do not prevent the class representatives from establishing adequacy. The court of appeals' judgment is reversed and remanded. No. 11-0548, 02-22-2013
Riemer, et al. v. State
Tx. Sup. Ct.
March 13, 2013
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